O R D E R

Heard Mr. Leelesh Sundaram, Learned Counsel for the Petitioner and Mr.

V.Jeevagiridharan, Learned Additional Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2. The Petitioner is working as Junior Assistant in the Education Department at Chennai and has availed the benefits of the New Health Insurance Scheme, 2008 (hereinafter referred to as 'NHIS' for short) of the Government of Tamil Nadu in G.O. Ms. No. 174, Finance (Salaries) Department dated 28.04.2008 by making periodical contributions towards insurance premia from his salary. According to the Petitioner, he had underwent surgery for Cardiac Angiogram at Bharathi Rajaa Hospital & Research Centre Private Ltd., T. Nagar, Chennai on 15.07.2011 and as the said hospital wanted immediate payment, his helpless wife had to immediately remit the amount demanded then in order to save his life, though the Petitioner was entitled to the benefits of cashless treatment from Star Health and Allied Insurance company (hereinafter referred to as 'the insurer' for short) under NHIS. When the Petitioner made a claim for reimbursement from said insurer, it was rejected by letter dated 04.10.2011 stating that in terms of NHIS, it was not permissible to reimburse the expenditure incurred. The complaint filed by the Petitioner in C.C. No. 113 of 2012 before the District Consumer Disputes Redressal Forum, Chennai (North) against the insurer challenging the same was dismissed by order 25.06.2015 with liberty to the Petitioner to approach the Government to make the claim and get necessary orders in accordance with the decisions of the Division Bench of this Court in Star Health and Allied Insurance Company Ltd. –vs- A.Chokkkar [(2010) 2 LW 90] and Letter No. 17735/Salaries/2010–2 dated 10.04.2010 from the Government of Tamil Nadu. Thereafter, the Petitioner made a representation dated 14.12.2015 to the Second Respondent claiming reimbursement but as it did not evoke any response, the Petitioner has filed this Writ Petition.

3. It is now trite as held by the Division Bench of this Court in Star Health and Allied Insurance Company Ltd. –vs- A.Chokkkar [(2010) 2 LW 90] that when the Insurance Company is not liable to reimburse the medical expenses under NHIS to the Government Servants / Pensioners, it would have to be processed under the Tamil Nadu Medical Attendance Rules by the Head of the Office with the concerned Department in which that employee had served and pay the eligible amount to him. The Government of Tamil Nadu in its Letter No.

17735/Salaries/2010-2 dated 10.04.2010 has also reiterated the same.

4. The Hon'ble Supreme Court of India in Shiva Kant Jha -vs- Union of India [(2018) 16 SCC 187] dealing with unfair treatment meted out to several retired Government servants in their old age for medical reimbursement under similar provisions of the Central Government Health Scheme, has held as follows:-

“13. With a view to provide the medical facility to the retired/serving CGHS beneficiaries, the Government has empanelled a large number of hospitals on CGHS panel, however, the rates charged for such facility shall be only at the CGHS rates and, hence, the same are paid as per the procedure. Though the Respondent-State has pleaded that the CGHS has to deal with large number of such retired beneficiaries and if the Petitioner is compensated beyond the policy, it would have large ramification as none would follow the procedure to approach the empanelled hospitals and would rather choose private hospital as per their own free will. It cannot be ignored that such private hospitals raise exorbitant bills subjecting the patient to various tests, procedures and treatment which may not be necessary at all times.

14. It is a settled legal position that the Government employee during his life time or after his retirement is entitled to get the benefit of the medical facilities and no fetters can be placed on his rig